'Free' Item Delivered Damaged: Legal Rights?

Fire_Fox

I recently placed an order with an online retailer, Pet Planet, deciding to include a large bag of cat food in order to get a 'free' storage tin (would otherwise have purchased a small bag). They promise that your order will be dispatched within three working days and this also formed part of my decision, as my new cat arrived a week after I placed the order.

The storage tin did not arrive with the main bulk of the order although was still being advertised on the website. I contacted PetPlanet and they sent out a storage tin .... which arrived badly damaged. The box was also damaged which I asked the courier to write on his signed for sheet, so they can claim their carriage costs back.

I contacted Pet Planet again and they have replied saying they are not able to send me out a replacement storage tin until I place another order. Firstly I have no need of any further items for some months, secondly I don't want to place another order until they have completed this one, thirdly I now have two months of dry cat food (£23 worth!) that I can't keep fresh so the bag remains unopened.

Has the contract of sale has been breached by sending me a damaged item, even tho technically it was 'free'? Do I have the right to reject the goods, which means rejecting the large bag of food as well as the storage tin as obviously these were sold as a unit? Will I have to pay for postage on a 5kg item in order to reject an item that arrived damaged?

Freddie_Snowbits

I would send the cat back and you can have our tiger instead. He will be round pet planet to sought out ther bovver for you.

Besides, it still have to be of a decent quality, whether it was free or not.

(PM me if you wanna borrow our tiger!)

The_Pedant

The free item was part of the order you agreed with the seller, and therefore part of the contract they accepted.

As Freddie said above, the fact it was free is not material to the fact they delivered part of your order damaged.

However, I'm not sure where you then stand in terms of getting a replacement. As the item was free, then a 'refund' would achieve nothing. If the free item was part of a bundle offer with the cat food, then you could argue that the two items are bought together and therefore you could argue that if they will not send you a replacement tin that you will simply request the return of both the cat food & storage tin 'bundle', so that you can order a new one.

Fire_Fox

Thanks for your replies, you have confirmed what I thought and what I have said in an e-mail. Thanks also for not telling me I am unreasonable to expect a 'free' item to be of useable quality! I wish I'd rejected the damaged box on delivery, I nearly did.

I've asked Pet Planet to take back the 5kg bag of food and the damaged storage tin and refund me the £23 plus postage. Do not think they are going to want to do that but they can wrangle with their courier about the cost! The longer they prevaricate the more I want to return both parts of the order rather than accept a replacement bin, as I should have been feeding my new cat this food (same as he was on at the foster home) since Saturday. I've swapped him over to another food as a direct result of the missing and then damaged storage tin, which makes the £23 a superfluous spend.

Fire_Fox

Thank you for your email.

The bin was not actually on your order and was sent by a member of staff as a goodwill gesture as it was not actually part of your order as per the email sent as confirmation of your order so it therefor is not part of the contract as the contract is for the items within your order as per the despatch note below and at this point this is the contract as as you can see the bin is not included on this:

This is the reason that I am unable to send a free gift - no claim can be made on a promotional item however should you wish us to uplift the food the uplift cost would be deducted from your refund I have a tin ready under my desk for you with your name on it and you do not need to place a food order it can be for anything as I have ear marked this for you so no one else can get and I am afraid I cannot be fairer than that.

Please let me know what action you wish me to take - I am sorry that its not something you are happy with but I feel this is a very fair comprimise on something that is free and was not actually part of your order.

Kind regards

Fiona Kirkwood
Customer Service Supervisor


Now I am really mad as I have already pointed out to them that the storage bin was in my basket when I made payment. The point at which I paid is the point when the contract is formed, am I right? The order confirmation is produced after the order is placed therefore cannot actually be the contract. Up to now they haven't said this is a 'goodwill gesture'. :mad:

mountainofdebt

To be honest if its this tin that all the fuss is about, then you obviously need more in your life to worry about.

If it were me I would just get one of those airtight plastic boxes you can buy and keep the food in there.

Fire_Fox

mountainofdebt wrote: »

To be honest if its this tin that all the fuss is about, then you obviously need more in your life to worry about.

If it were me I would just get one of those airtight plastic boxes you can buy and keep the food in there.

Thanks for your response.: no it isn't that tin it's a much larger one with an airtight seal.

Firstly it is the principle - I have spent £23 to get a free item that didn't arrive on time and then arrived damaged. Secondly 5kg of dry cat food is a massive bag which needs a massive cat-proof storage container (or several smaller ones). This is a money saving website, it's not money saving to go out and purchase storage containers when I should have received a 'free' one.

Esqui

Fire_Fox wrote: »

Thanks for your response.: no it isn't that tin it's a much larger one with an airtight seal.

Firstly it is the principle - I have spent £23 to get a free item that didn't arrive on time and then arrived damaged. Secondly 5kg of dry cat food is a massive bag which needs a massive cat-proof storage container (or several smaller ones). This is a money saving website, it's not money saving to go out and purchase storage containers when I should have received a 'free' one.

If you 'had to' spend £23 you wouldn't otherwise have spent, it's not free.

Mistymaid

I'd write back nicely and explain that you placed an order with them because the offer, not the 'goodwill gesture,' was available on the larger amount. This was their offer (it would be good if it is still on the website or somesuch) and even though the item was free it still has to be of good condition.

Re; large amounts of dry cat food - I buy the 10kg sacks for the outdoor cat and they last all winter without anything nasty happening to them (provided I can keep him out of the bag - A nice storage bin would be useful!)

Fire_Fox

Mistymaid wrote: »

I'd write back nicely and explain that you placed an order with them because the offer, not the 'goodwill gesture,' was available on the larger amount. This was their offer (it would be good if it is still on the website or somesuch) and even though the item was free it still has to be of good condition.

Re; large amounts of dry cat food - I buy the 10kg sacks for the outdoor cat and they last all winter without anything nasty happening to them (provided I can keep him out of the bag - A nice storage bin would be useful!)

Thanks that is what I have already said, and they are trying to make out they have done me a favour by sending me a damaged tin. I've already pointed out the offer is still on the website and am presently trying to take a screen shot.

My flat gets damp in winter, I have problems with condensation: I don't want to risk £23 worth of food going stale or, worse, bacteria starting to breed. I thought a storage bin would be useful too!! :rolleyes:

The_Pedant

It's a tempting compromise they offer though, order anything and they'll send the replacement.

Is there nothing else you want from the site?

Seems like an easy option, rather than trying to argue a case which may take a protracted fight to win.